Palmer v. City Nat. Bank, of West Virginia

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge NIEMEYER and Judge NORTON joined.

OPINION

GREGORY, Circuit Judge:

The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal. In this appeal, the district court applied the doctrine and dismissed a removed third-party claim against federal agency defendants because the state court did not possess jurisdiction over those defendants. Derivative jurisdiction has been frequently criticized and…